When should someone who may have intentionally or knowingly committed criminal wrongdoing be excused? Excusing Crime examines what excusing conditions are, and why familiar excuses, such as duress, are thought to fulfil those conditions. Setting himself against the 'classical' view of excuses, which has a long heritage, and is enshrined in different forms in many of the world's criminal codes, both liberal and non-liberal; Jeremy Horder argues that it is now time to move forwards. He contends that a wider (...) range of excuses - 'diminished capacity', 'due diligence' and 'demands of conscience' - should be recognised in law. (shrink)

The first detailed study of the effect of provocation on culpability in morality and law, this book traces the fascinating history of the legal doctrine of provocation, right up to present-day controversies over the scope of the doctrine's application in murder cases.

Jamie Horder reviews The Stuff of Thought (London: Allen Lane, 2007) by Steven Pinker.

The fourth collection of essays in this long-established series brings together some of the leading contributors to the study of the philosophical foundations of common law. Key issues in contract, tort, and criminal law are subjected to philosophical scrutiny, the aim being to provide an exciting new basis for advanced teaching and further research.

Philip Pettit has made central to modern republican theory a distinctive account of freedom—republican freedom. On this account, I am not free solely because I can make choices without interference. I am truly free, only if that non-interference does not itself depend on another’s forbearance. Pettit believes that the principal justification for the traditional focus of the criminal law is that it constitutes a bulwark against domination. I will, in part, be considering the merits of this claim. Is the importance (...) of the orthodox realm of the criminal law solely or mainly explained by the wish to protect people from domination? In short, the answer is that it is not. Across the board, the criminal law rightly protects us equally from threats to what Pettit calls ‘effective,’ as opposed to formal, republican freedom. I will develop my critique of Pettit’s account of criminal law, in part to raise questions about the role of ‘domination’ in political theory, and about whether it poses a significant challenge to liberal accounts of criminal law. (shrink)

At the heart of the provocation defence lies the assumption that the excusatory focus should be the all-too-human and supposedly characteristic tendency to act in a spontaneously retaliatory fashion, when provocation has led to great anger. What if this is not the characteristic reaction of someone who acts for mixed motives, when not only angry at but also fearful of the provoker? Making such cases central to a plea of provocation would reshape the defence so as both to restrict and (...) to expand its availability in important ways, thus meeting some common criticisms of its current operation. The requirement that a defendant should have feared, as well as been angry at, a provoker, operates as what can be called a ‘subjective’ limiting condition, a new kind of limiting condition to set alongside more familiar ‘objective’ limiting conditions, such as the reasonable person test. (shrink)

In this article, I try to do two things. First I analyse critically the suggestion that the principles of criminal culpability can be explained by reference to a single, all-encompassing concept, such as “defiance of the law”. I then go on to explain the foundations of criminal culpability by reference to three interlocking theories — the capacity theory, the character theory, and the agency theory. I conclude that even these three theories may not be sufficient to explain the complex structure (...) of culpability, which is shaped as much by shared cultural understanding as by moral theory. (shrink)

In this analysis of Marcia Baron’s account of excuses, I seek to do two things. I try to draw out the nature of the distinction between forgiving and excusing. I also defend the distinction between excuses (like duress), and denials of responsibility (like insanity).

In this challenging collection of new essays, leading philosophers and criminal lawyers from the United States, the United Kingdom, and Canada break with the tradition of treating the philosophical foundations of criminal law as an adjunct to the study of punishment. Focusing clearly on the central issues of moral luck, mistake, and mental illness, this volume aims to reorient the study of criminal law. In the process of retrieving valuable material from traditional law classifications, the contributors break down false associations, (...) reveal hidden truths, and establish new patterns of thought. Their always illuminating and sometimes startling conclusions makes this essential reading for all those interested in the philosophy of criminal law. (shrink)

Errol Lord explores the boundaries of epistemic normativity. He argues that we can understand these better by thinking about which mental states are competitors in rationality’s competition. He argues that belief, disbelief, and two kinds of suspension of judgment are competitors. Lord shows that there are non-evidential reasons for suspension of judgment. One upshot is an independent motivation for a certain sort of pragmatist view of epistemic rationality.

My dissertation is a systematic defense of the claim that what it is to be rational is to correctly respond to the reasons you possess. The dissertation is split into two parts, each consisting of three chapters. In Part I--Coherence, Possession, and Correctly Responding--I argue that my view has important advantages over popular views in metaethics that tie rationality to coherence (ch. 2), defend a novel view of what it is to possess a reason (ch. 3), and defend a novel (...) view about what it is to act and hold attitudes for normative reasons (ch. 4). In Part II--Foundationalism, Deception, and The Importance of Being Rational--I argue that foundationalists about epistemic rationality should think that the foundational beliefs are held for sufficient reasons (ch. 5), argue that my view solves the New Evil Demon problem for externalism (and solves a related and underapprieciated problem) (ch. 6), and argue that my view can vindicate the thought that we ought to be rational (ch. 7). (shrink)

It is a truism that we ought to be rational. Despite this, it has become popular to think that it is not the case that we ought to be rational. In this paper I argue for a view about rationality—the view that what one is rationally required to do is determined by the normative reasons one possesses—by showing that it can vindicate that one ought to be rational. I do this by showing that it is independently very plausible that what (...) one ought to do is determined by the normative reasons one possesses. Thus, the paper also makes a contribution tos the debate about the nature of our obligations. (shrink)

Objectivists about obligation hold that obligations are determined by all of the normatively relevant facts. Perspectivalists, on the other hand, hold that only facts within one’s perspective can determine what we are obligated to do. This chapter argues for a perspectivalist view. It argues that what you are obligated to do is determined by the normative reasons you possess. This view is anchored in the thought that our obligations have to be action-guiding in a certain sense—we have to be able (...) to act for the reasons that obligate us. The chapter argues that we have this ability—the ability to act for the right reasons—only if we possess those reasons. Thus, objectivism is false. The second half of the chapter argues that problems having to do with new information do not plague the particular perspectival view presented. (shrink)

It’s an undeniable fact about our moral lives that we are partial towards certain people and projects. Despite this, it has traditionally been very hard to justify partiality. In this paper I defend a novel partialist theory. The context of the paper is the debate between three different views of how partiality is justified. According to the first view, partiality is justified by facts about our ground projects. According to the second view, partiality is justified by facts about our relationships (...) with the things that we are partial towards. And according to the third view, partiality is justified by facts about the things that we are partial towards. I argue that all three views contain part of the truth. We can see this by adopting a more sophisticated view of the weight of reasons. Once we do this, it will be clear that both facts about individuals and facts about relationships play a role in explaining why we often have stronger reason to act well towards those things we are partial towards. Further, I argue, facts about projects help explain why facts about relationships play the role that they do in determining the strength of our reasons. (shrink)

There are parallel debates in metaethics and aesthetics about the rational merits of deferring to others about ethics and aesthetics. In both areas it is common to think that there is something amiss about deference. A popular explanation of this in aesthetics appeals to the importance of aesthetic acquaintance. This kind of explanation has not been explored much in ethics. This chapter defends a unified account of what is amiss about ethical and aesthetic deference. According to this account, deference is (...) a non-ideal way of thinking about ethics and aesthetics because it does not allow us to possess the full range of reasons provided by the ethical and aesthetic facts. It has this feature because it does not acquaint us with ethical and aesthetic facts. It is argued further that despite this defect, there is no general obligation not to defer. The upshot is a moderate optimism about ethical and aesthetic deference. (shrink)

Normative reasons have become a popular theoretical tool in recent decades. One helpful feature of normative reasons is their weight. The fourteen new essays in this book theorize about many different aspects of weight. Topics range from foundational issues to applications of weight in debates across philosophy.

Normative theory aims to understand the commonalities between ethics, prudence, epistemology, aesthetics and political philosophy (among others). One central question in normative theory is what is fundamental to the normative. The reasons-first approach holds that normative reasons are fundamental to the normative domain. This view has been challenged by proponents of alternative X-first views such as value, fittingness and ought. This paper examines the debate about the analysis of normative reasons and argues for a new form of reductive naturalism that (...) analyses normative reasons in terms of fittingness, ought and value. I argue that this view is compatible with Reasons First because fittingness and the type of ought and value appealed to are not robustly normative notions. It is also extensionally and explanatorily plausible, and thus has much to recommend it on both first-order and second-order grounds. (shrink)

It’s natural to say that when it’s rational for me to φ, I have reasons to φ. That is, there are reasons for φ-ing, and moreover, I have some of them. Mark Schroeder calls this view The Factoring Account of the having reasons relation. He thinks The Factoring Account is false. In this paper, I defend The Factoring Account. Not only do I provide intuitive support for the view, but I also defend it against Schroeder’s criticisms. Moreover, I show that (...) it helps us understand the requirements of substantive rationality, or what we are rationally required to do when responding to reasons. (shrink)

The post-Gettier literature contained many views that tried to solve the Gettier problem by appealing to the notion of defeat. Unfortunately, all of these views are false. The failure of these views greatly contributed to a general distrust of reasons in epistemology. However, reasons are making a comeback in epistemology, both in general and in the context of the Gettier problem. There are two main aims of this paper. First, I will argue against a natural defeat based resolution of the (...) Gettier problem. Second, I will defend my own defeat based solution. This solution appeals to a modal anti-luck condition. I will argue that this condition captures anti-luck intuitions and has virtues that rival modal anti-luck conditions lack. (shrink)

Australasian Journal of Philosophy, Volume 92, Issue 2, Page 365-377, June 2014.

No one has done more for analytic virtue epistemology than Ernie Sosa; indeed, one is tempted to delete ‘virtue’. This is his latest development of his teleolog.

In this paper I'm interested in the prospects for the Right Reasons theory of creditworthiness. The Right Reasons theory says that what it is for an agent to be creditworthy for X-ing is for that agent to X for the right reasons. The paper has a negative goal and a positive goal. The negative goal is to show that a class of Right Reasons theories are doomed. These theories all have a Conceptualization Condition on acting for the right reasons. Conceptualization (...) Conditions demand that agents who act for the right reasons deploy or be able to deploy certain normative concepts in acting. I argue that views of this type run into a host of overintellectualization problems. The positive aim is to argue for my Right Reasons view, which appeals to know-how to avoid overintellectualization. (shrink)

Baruch Spinoza was born in Amsterdam during a period of unprecedented scientific, artistic, and intellectual discovery. Upon its release, Spinoza’s Ethics was banned; today it is the quintessential example of philosophical method. Although acknowledged as difficult, the book is widely taught in philosophy, literature, history, and politics. This introduction is designed to be read side by side with Spinoza's work. As a guide to the style, vocabulary, and arguments of the Ethics, it offers a range of interpretive possibilities to prepare (...) students to become conversant with Spinoza's philosophical method and his challenge to conventional thinking. (shrink)

You are irrational when you are akratic. On this point most agree. Despite this agreement, there is a tremendous amount of disagreement about what the correct explanation of this data is. Narrow-scopers think that the correct explanation is that you are violating a narrow-scope conditional requirement. You lack an intention to x that you are required to have given the fact that you believe you ought to x. Wide-scopers disagree. They think that a conditional you are required to make true (...) is false. You aren’t required to have any particular attitudes. You’re just required to intend to x or not believe you ought to x. Wide-scope accounts are symmetrical insofar as they predict that you are complying with the relevant requirement just so long as the relevant conditional is true. Some narrow-scopers object to this symmetry. However, there is disagreement about why the symmetry is objectionable. This has led wide-scopers to defend their view against a number of different symmetry objections. I think their defenses in the face of these objections are, on the whole, plausible. Unfortunately for them, they aren’t defending their view against the best version of the objection. In this paper I will show that there is a symmetry objection to wide-scope accounts that both hasn’t been responded to and is a serious problem for wide-scope accounts. Moreover, my version of the objection will allow us to see that there is at least one narrow-scope view that has been seriously underappreciated in the literature. (shrink)

You are irrational when you are akratic. On this point most agree. Despite this agreement, there is a tremendous amount of disagreement about what the correct explanation of this data is. Narrow-scopers think that the correct explanation is that you are violating a narrow-scope conditional requirement. You lack an intention to x that you are required to have given the fact that you believe you ought to x. Wide-scopers disagree. They think that a conditional you are required to make true (...) is false. You aren’t required to have any particular attitudes. You’re just required to intend to x or not believe you ought to x. Wide-scope accounts are symmetrical insofar as they predict that you are complying with the relevant requirement just so long as the relevant conditional is true. Some narrow-scopers object to this symmetry. However, there is disagreement about why the symmetry is objectionable. This has led wide-scopers to defend their view against a number of different symmetry objections. I think their defenses in the face of these objections are, on the whole, plausible. Unfortunately for them, they aren’t defending their view against the best version of the objection. In this paper I will show that there is a symmetry objection to wide-scope accounts that both hasn’t been responded to and is a serious problem for wide-scope accounts. Moreover, my version of the objection will allow us to see that there is at least one narrow-scope view that has been seriously underappreciated in the literature. (shrink)